Bavi v Snaresbrook Crown Court

The court found overwhelming grounds to re-open the application for permission to appeal and to grant permission to appeal and to apply for judicial review, as the new medical evidence may provide a complete explanation for the applicant's behaviour and its absence critically undermined the integrity of the earlier proceedings, resulting in potential real injustice.

Parties: Applicant: Malik Bavi; Respondent: Snaresbrook Crown Court
Jurisdiction: England and Wales
Judgment Date: 28 November 2012
Procedural Posture: Judicial Review Application / Application to Re Open Permission to Appeal and for Permission to Apply for Judicial Review
Outcome: Applications granted
Legal Topics: Proceeds of Crime, Forfeiture of Cash, Re Opening Appeals, Exceptional Circumstances, Mental Health Evidence

Criminal Law Judicial Review Civil Procedure Proceeds of Crime Forfeiture of Cash Re Opening Appeals Exceptional Circumstances Mental Health Evidence

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Parties

Malik Bavi

Applicant

Snaresbrook Crown Court

Respondent

Procedural Posture

Judicial Review Application / Application to Re Open Permission to Appeal and for Permission to Apply for Judicial Review

Legal Issues

1 Whether the application for permission to appeal should be re-opened under CPR 52.17
2 Whether permission to appeal and to apply for judicial review should be granted in light of new medical evidence

Ratio Decidendi

Court Disposition

Applications granted

Orders

Permission to re-open the determination of the application for permission to appeal granted under CPR 52.17
Permission to appeal against the order of HHJ Denyer refusing permission to apply for judicial review granted